Introduction:The move by China Post to enter the coffee industry has attracted attention, but its trademark application for "Postal Coffee POST COFFEE" was rejected, involving legal issues such as the distinctiveness of generic terms and trademark similarity. This article delves into the reasons behind the trademark rejection, explores its impact on brand operations, and reconstructs the controversy surrounding the claim of being the "first postal coffee," providing a professional perspective for readers interested in the coffee industry and intellectual property.

China Post made a high-profile entry into the coffee market but faced obstacles during the trademark registration process. In April this year, the Postal Group submitted multiple trademark registration applications for "Postal Coffee POST COFFEE," covering international classes 20, 21, 29, 30, and others. However, all these applications are currently in the "notice of rejection issued" status.

From publicly available information, the trademarks applied for by the Postal Group cover multiple categories, but the authorities have not disclosed the specific reasons for rejection. Based on common reasons for trademark registration rejections, it may involve scenarios such as "prior existing registrations," "similarity to existing trademarks," "generic terms lacking distinctiveness," or "violating absolute/relative prohibition clauses."

Notably, Zhongyu Kaye, the company that collaborates with China Post to operate Postal Coffee, also attempted to register similar trademarks such as "Postal Coffee," "Postal Café," and "POSTE COFFEE" shortly after the Postal Group submitted its applications, but withdrew all of them within just a few days. As of now, no trademark related to "Postal Coffee" has been successfully approved.

Industry insiders speculate that the rejection is likely related to the generic nature of "postal" and "coffee." If such generic terms are exclusively registered, it may violate trademark regulations. For example, combinations like "Postal Coffee" or "Coffee Postal" are unlikely to pass trademark examination.

Trademark distinctiveness issueis also a potential reason. Since terms like "postal" or "post office" can easily trigger fixed associations, their use in food service or food-related products often lacks sufficient distinctiveness, thereby affecting the trademark's distinctiveness.

However, this does not mean Postal Coffee is entirely out of the running for trademark registration. According to trademark law, if the Postal Group applies for a review with the Trademark Review and Adjudication Board within 15 days of receiving the rejection notice, there is still a chance of successful registration.

But according to tracking information from Tianyancha, there is currently no record of the Postal Group filing for a review. If no review is requested within 15 days, the likelihood of the trademark being approved later will be significantly reduced; if a review is filed, the result will take 6 to 9 months to be known.

For consumers and franchisees, will the failure of trademark registration affect the daily operations of Postal Coffee? In reality, the lack of successful trademark registration does not hinder the normal operation of brand stores; it simply means the brand name cannot obtain independent exclusive rights, and other entities may also use the same name.

In February this year, when Postal Coffee under China Post opened its first store at Xiamen ITG Tower, the official announcement claimed it was the country’s first Postal Coffee store. However, this claim quickly sparked controversy.

Some netizens pointed out that similar-themed "Postal Coffee" outlets had already existed in areas such as Shapowei in Xiamen, around Wu Kang Mansion in Shanghai, and in Zhongshan, Guangdong. Subsequently, Xiamen Post stated via its official account that it would pursue legal action against any unauthorized individuals or entities using the "Postal Coffee" name.

Almost at the same time, the official account "Zhongshan Jiyou" certified as the "Zhongshan Branch of China Post" also issued a statement claiming that "Post Coffee Postal Coffee" is the only coffee-themed post office authorized to operate by the Zhongshan branch, and that the local store had already opened last December.

This series of events has further clouded the ownership of the title "first Postal Coffee." Miss He from the Zhongshan Postal Branch explained that the "Xiamen first" mentioned in the post office’s official account actually referred to the "first café opened within a post office premises," and that the wording was indeed imprecise, leading to misunderstandings.

The above content is compiled by CoffeeHunters, a coffee news website.